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HomeMy WebLinkAboutORD-19-96 Amend Ch. 13.04 - 13.44 Provision of Water ServicesORDINANCE NO. 19- 96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTERS 13.04 THROUGH 13.44 OF THE ORANGE MUNICIPAL CODE RELATING TO THE PROVISION OF WATER SERVICES WHEREAS, City staff has undertaken a thorough review of the Orange Municipal Code as it relates to the City's provision of water service; and WHEREAS, City staff has deternlined that significant amendments are required to, among other things, incorporate changes in state law, to delete provisions requiring single- family residential deposits and to delete provisions requiring developers to purchase water system improvement materials from the City; and WHEREAS, the revised ordinance will permit the City to include all charges for water services in one document, known as the Master Schedule of Fees and Charges of the City of Orange.NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:SECTION I:Chapters 13.04 through13.44 ofthe Orange Municipal Code are repealed in their entirety and replaced with the following:Iitl.e.... 13.PUBLIC UTILITIESCh[ij) ters:I. WATER SYSTEM 13.04 General Provisions 13.08 Application for Water Service 13.12 Service Connections 13.16 Water Rates 13.20 Service Outside City 13.24 Meter 13.28 Discontinuance of Service 13.32 Fire Service 13.36 Regulations Relating to Cross Connections 13.40 Wells 13.44 Water Mains II. SEWER SYSTEM 13.56 Sewer Mains 13.60 Sanitation and Sewage Charges 13.64 Industrial Waste III. CABLE TELEVISION SYSTEM 13.80 General Provisions 13.82 Franchise Regulations 13.84 Services and Service Area 13.86 Installation and Construction 13.88 Rates and Charges 13.89 Consumer Service Standards 13.90 Miscellaneous Provisions 13.92 Rights and Obligations 13.94 Record keeping 13.96 Financial Obligations 13.98 Unlawful Acts I. WATER SYSTEM Cha,pter 13.04 GENERAL PROVISIONS Sections: 13.04.010 Right of Entry. 13.04.020 Nonliability of City for Interruptions in Service. 13.04.030 Notice to Consumer for Shutdown of Service. 13.04.040 Temporary Shutdowns Authorized. 13.04.050 Inspecting Apparatus--Nonliability of City.13.04.060 Inspecting Apparatus--Right Reserved to City.13.04.070 Resale of Water Prohibited.13.04.080 Pressure and Supply-- Liability of City.2 13.04.090 Use of Fire Hydrants-- Restricted.13.04.100 Use of Fire Hydrants-,Changing or Moving.13.04.110 Consumer Responsibility for Installation of Equipment.13.04.120 City Not Responsible for Loss or Damage of Equipment.13.04.130 Damage to Property--City Not Responsible When.13.04.140 Damage to Water Equipment-- Liability of Consumer.13.04.150 Installation of Control Valves.13.04. 160 Water Waste--Prohibited.13.04.170 Water Waste--Discontinuance of Service.13.04.010 Right of EntJY. Duly authorized agents of the City shall have the right to enter or leave the consumer's premises at all reasonable times for any purpose connected with the service of water to the consumer.13.04.020 Nonliability of City for Interruptions in Service. The City will not be liable for damage resulting from an interruption of service, shortage, insufficiency, or quality of supply.13.04.030 Notice to Consumer for Shutdown of Service. In case of emergency or during normal water system maintenance and repair operations, whenever possible and if time permits, all consumers affected will be notified prior to any shutdown of service.13.04.040 Temporary Shutdowns Authorized. Temporary shutdowns may be resorted to by the City for improvements and repairs and the City shall not be liable for any loss or damage occasioned thereby.13.04.050 Inspecting Apparatus--Nonliability of City. The City does not assume liability for inspecting apparatus on the consumer's property.13.04.060 Inspecting Apparatus--Right Reserved to City. The City reserves the right of inspection of consumer's apparatus at all times.13.04.070 Resale of Water Prohibited. Except by special agreement with the City, no consumer shall resell any of the water received from the City nor shall such water be delivered to premises other than those specified in consumer's application for service.13.04.080 Pressure and Supply--Liability of:..cm:. The City assumes no responsibility for loss or damage because of high water pressure or lack of water or pressure and merely agrees to fumish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system. Any pressure regulation to control water pressure greater than 80 psi shall be the responsibility of the consumer.13.04.090 Use of Fire Hydrants-- Restricted. No person other than those authorized by the City shall open, attempt to draw water from, or otherwise operate or liM.IOO Use of Fire Bydrants--Chan~in~ or Movinl:. Any person desiring a change in the size, type or location of a fire hydrant shall bear all costs of such changes. Any such change shall be approved by the Water Manager.llM.110 Consumer Responsibility for Installation of Equipment. All equipment on consumer's property shall be maintained by the consumer at his own risk and expense. The consumer shall furnish, install and keep in good and safe condition all such equipment that may be required for receiving, controlling, applying and utilizing water.l1..Q.4.120 City Not Responsible for Loss or Dama~e of Equipment. The City shall not be responsible for any loss or damage caused by the improper installation of water equipment or the negligence, want of proper care or wrongful act of the consumer, his tenants, agents, employees,contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment.l1..Q.4.130 Damage to Property--City Not Responsible When. The City shall not be responsible for damage to property caused by any water equipment that is open when water is turned on at the meter originally or when turned on after temporary shutdowns.l1..Q.4..140 Damage to Water Equipment--Liability of Consumer. The consumer shall be liable for any damage to a meter or other equipment or other property owned by the City, if such damage, in part or in whole, arises out of negligence of the consumer, his tenants, agents,employees, contractors, licensees or permittees, including tb.e breaking or destruction of locks by the consumer or others on or near a meter or damage to a meter that may result from steam from a boiler or he:ater on the consumer's premises. The City may undertake repairs without notification to the consumer and shall be reimbursed by the consumer for any such damage promptly upon presentation ofabill.1.3...ill..150 Installation of Control Valves. A. The consumer shall install a suitable valve as close to the meter location as practicable, the operation of which will control the entire water supply from the City service.B. Tb.e operation by the consumer of the curb stop in tb.e meter box is not permitted.13.04.160 Water WastenProhibited. It is unlawful for any person to wastefully or negligently use water or to otherwise detrimentally impact the service to other consumers.170 Water Waste--Discontinuance of Service. Where the Water Manager finds that water is wastefully and negligently used contrary to the provisions of this title, the City may discontinm: the service if such conditions are not corrected ,,,,'ithin five days after written notice. Ch<lPter 13.08 APPLICATION FOR WATER SERVICE 13.08.010 Application-- Form.13.08.020 Application-- Joint Liability.13.08.030 Special Contracts-. Required When.13.08.040 Special Contracts-,Provisions.13.08.050 Special Contracts--Consumers' Bills.13.08.060 Refund of Deposits.13.08.010 Application--Form. Each applicant for water service shall provide to the City the following:A. The applicant's name and phone number;B. The location of premises to be served;C. The date on which the applicant requests service;D. For residential accounts, the applicant's driver license number and social security number;E. For commercial accounts, the applicant's taxpayer identification number or social security nurnber;F. For single family residential accounts, a deposit of fifty dollars ($50.00), and for all other accounts, a deposit based on the historical or projected water use for that particular account or similar accounts;G. The address to which bills are to be mailed or delivered;H. Whether the applicant is an owner or tenant of, or agent for, the premises; and I. Such other information as the City may reasonably request.13.08.020 Application--Joint Liability. Two or more parties who join to make application for water service shall be jointly and individually liable and shall be sent a single periodic bill.13.08.030 Special Contracts--ReQuired Wh~. Contracts other than applications may be required prior to service under the following conditions:A. When construction of special extension facilities are necessary;B. For temporary service; or C. For standby service or fire service.13.08.040 Special Contracts--Provisions. Each contract for water service will contain the following provisions: "This contract shall at all times be subject to such changes or modifications by the City as the City Council may direct."13.08.050 Special Contracts--Consumers' Bills. Failure to pay a water bill may result in discontinuance of service. An additional cash deposit may also be required in accordance with Section 13.16.080 of the Orange Municipal Code.13.08.060 Refund of Deposits. Cash deposits, less the amount of any unpaid water bills, will be credited by the City to the depositor after 12 consecutive payments (2 years) without delinquency or upon discontinuance of service. Such credit CHAPTER 13 12 SERVICE CONNECTIONS Sections: 13.12.010 Service Connections. 13.12.020 New Services-,Charges. 13.12.030 Services Installed by Developer. 13.12.040 Installation--Authorized Personnel Only to Perform.13.12.050 Installation--MetersnSeal.13.12.060 Location of Meters or Services--Charges.13.12.070 Separate Meter Service for Each Property or Residence.13.12.080 Service to Multiple Units.13.12.090 Service to Multiple Units-- Responsibility for Water Service.l1.l2.010 Service Connections. A. The City will furnish and install a service of such size and at such location as the applicant requests, provided such requests meet with the specifications of the Water Department. The service will be installed from its water distribution main to the curbline or property line of the premises which may abut on the stred, on other thoroughfares, or on the City right-of-way or easement.B. Regulation is required for water pressures in excess of 80 psi. For pressures between 80 and 125 psi, it will be the responsibility of the applicant to provide regulation at applicant's cost.Pressures in excess of 125 psi will be regulated to 125 psi or less by the City.u...u:.020 New Services--Char~es. A. Charges for new services, including meters, to be installed by City are payable in advance prior to issuance of a building permit and shall be as set forth by resolution ofthe City Council.B. Charges for services larger than two inches shall be quoted individually and shall be based on the City'scost of providing the service.l.1...U:.030 Services Installed by Developer. A. Services in new developments are to be installed by the developer to City specifications under City inspection. Meters will be installed by the City.B. Meter installation charges for developer- installed services are payable in advance prior to final tract map approval or prior to issuance of a building permit for developments not involving a tract map, ,md shall be as set forth by resolution of the City Council.C. The materials used by the developer for all water service installations shall conform to the Specifications for Water System Materials" and to the "Water Department Standard Drawings", as approved by the Water Manager.lll2 040 Installation--Authorized Personnel Only to Perform. Only duly authorized employees or agents of the City will be permitted to install a service existing City mains to the consumer's premises. All meters and connections to meters shall belong to City and be the sole property of City. 13 12.050 Installation--Meters--Seal. All meters may be sealed by the City at the time of installation and no seal shall be altered or broken exc.ept by an authorized agent of the City.13.12.060 Location of Meters or Services--Chan~es. Meters or services moved or increased in size for the convenience of the consumer will be done at the consumer's expense. Meters or services moved to protect the City's property will be moved at City's expense.I 3.12.070 S~arate Meter Service for Each Property or Residence. Each property, residence,main building or structure shall have a separate meter service unless otherwise approved by the Water Manager.13.12080 Service to Multiple Units. A. Separate houses, buildings, living or business quarters on the same premises under the single control or management may be served by either of the following methods:1. Through separate service connections to each or any unit, provided that the pipeline system from each service is independent ofthe others and is not interconnected;2. Through a single service connection to the entire premises.B. The particular method of servic.e shall be selected by theWater Manager.13.12.090 Service to Multiple Units--Responsibility for Service. The responsibility for payment of charges for all water furnished to combined units supplied through a single service connection shall be assumedby the applicant. Ch1\PterL1. l..Q WATER RATES llil.ns:13. 16.010 Meter Readings.13.16.020 Bills--Rendered asDirected by City Council.13.16.030 BiIls--Prorated.13. 16.040 Rates,-Monthly and Bi-monthly. 13.16.050 Water for New Construction. 13.16.060 Use of Fire Hydrants.13.16.070 Special Purposes.13. I 6.080 Payment of Charges--Penalty for Nonpayment.13.16.090 Billing of Separate Meters-- l.3..l.Q 010 Meter Readings. Meters will be read at regular intervals for the preparation of regular bills and as required for the preparation of opening bills, closing bills and special bills. UJ..!l 020 BiIls--Rendered as Directed by City Council. Bills for water service will be rendered monthly or bi-monthly as directed by the City Council.UJ..!l.030 Bills--Prorated. Opening bills, closing bills and monthly or bi-monthly bills rendered for periods less than two months will be prorated.UJ..!l..040 Rates--Monthly and Bi- monthly. A. Monthly and bi-monthly rates shall be as setforthby resolution ofthe City Council.11,J.6.050 Water for New Construction. A. For water for new construction,application must be made in the regular manner and a meter shall be installed by the Water Department, which installation shall be paid for by the applicant before any water is turned on. The charge for such water shall be paid for at the regular water rates specified in Section 13.16.040.B. If the developer desires to use temporary unmetered water through spacers for structural construction, he may apply for " urmletered water" for a three-month period on application to the Water Department office. Billing charges for such services shall be as set forth by resolution of the City Council. After the three-month period has expired and the developer has not removed his spacers, the City shall have the right to remove the spacers to the individual lots.C. A meter will be required beforeany landscaping is done or building is occupied.11..lfi 060 Use of Fire Hydrants. A. Persons desiring to take water for construction or other temporary purposes shall make application for a temporary fire hydrant construction meter. All such water used shall be paid for at the regular water rates specified in Section 13. 16.040. The Water Department shall furnish the necessary metering equipment and no other equipment shall be used. A deposit, based on the size of the metl~r and as set forth by resolution of the City Council, will be required as a guarantee that the equipment will be returned in good condition and the water bill paid.The deposit shall be forfeited unless the City equipment is returned without damage after use and all charges have been paid within thirty days. For 4" and 6" meters, a non-refundable installation charge, as set forth by City Council resolution, shall also be paid.An approved backflow prevention device shall be furnished and installed at each location of a temporary water meter as determined by the Water Department.B. In addition to the charge for the water used, there shall also be an additional daily usage: charge as set forth by resolution of the City Council, including first and last day used, for each day construction water equipment furnished by the City is used.C. In the event that no fire hydrant meters are available or in other special circumstances, a permit to use water from a hydrant without Such permit will specify the date, location, and other conditions related to such water usage. Charges for water used shall be based on estimated consumption, with a minimum charge based on a minimum consumption of 2,000 cubic feet. 13.16.070 Special Pw:poses. For water to be used for special purposes not included in Sections 13.16.040 through 13.16.060, the rate to be established in each case shall be fixed by contract between the City Council and the applicant. 13.16.080 Payment ofCharges--Penalty for :'\lon-Payment. A. All water charges are due and payable at the City's Finance Office in the Civic Center on the date they are rendered and become delinquent 30 days thereafter. If the bill is still unpaid 45 days after being rendered and after the City has reasonably attempted to notify the consumer of the delinquency, the water shall be shut off and shall remain off until all bills, deposits andl service charges have been paid.B. If it has been necessary to discontinue water service for nonpayment of a bill two times in any 12-month period, then the consumer shall be required to post a deposit in addition to all other charges to be paid prior to re:establishment of service or initiation of new service. The amount of the deposit will be two times the average bi-monthly water bill for the preceding 12-month period, rounded to the next highest five dollar 5.00) multiple.C. The consumer shall pay a service charge ill an amount set forth by resolution of the City Council whenever a serviceman is dispatched for any reason in connection with diseontinuance of service for non-payment or tor non,compliance with any other provisions of this title.13.16.090 Billinir of SlWarate MetersnCombined at City's Convenience. Each meter on a consumer's premises will be considered separately and the reading of two or more meters will not be combined unless operating convenience of the City requires. ChllPter13.20 SERVICE OUTSIDE CITY 13.20.010 When Supplied.13.20. 020 City Not Compelled to Supply.13.20. 030 Inspection of Meters Outside City. 13.20.040 Applicability of Regulations.13.20.010 When SlIPplied. As to any application made to the City subsequent to March 25, 1969, to furnish City water to any real property located outside the boundaries of the City, nothing contained in this Title shall be construed to compel the City to fumish water to any consumer located outside the boundaries of the however, that the City Council may elect to furnish water to consumers outside of City boundaries if, in the opinion of the City Council, the interests of the City would be served thereby. In reference to existing outside water contracts or connections, such outside users shall comply with all of the terms of this Title and shall pay for water at the outside rate: which shall be one and one thirds times the regular rates established by resolution of the City Council. In case of public disaster or emergency near the City, the City Council may grant temporary water service to areas affected during and for a reasonable time following such emergency at the rates provided for outside water users. l3..2.Q 020 City Not Compelled to Supply. Section 13.20.010 shall not be construed so as to compel the City to furnish water to any consumer outside the City regardless of when such consumer's contract or connection was made, and the City reserves the right to cut off the water from any and all outside consumers and cease to furnish water to any of them at any time. l3..2.Q'.030 Inspection of Meters Outside City. The City shall have the right to enter the premises of any outside consumer for the purpos<: of inspection or reading the meters or to cut off water from each consumer at such times and under such circumstances as provided in this Title. 13_.2() 040 Applicability of Regulations. All regulations and ordinances applicable to consumers within the City shall be applicable to consume:rs outside the City. Chapter 13.24 METER ERROR Sections: 13.24.010 Meter Test--Prior to Installation.13.24.020 Meter Test--By Consumer on Request.13.24.030 Meter Test-- Deposit by Consumer.13.24.040 Meter Test-- In Presence of Consumer.13.24.050 Meter Test-- Written Report Shown to Consumer.13.24. 060 Adjustment of Bills--Fast Meters.13. 24.070 Adjustment of Bills-- Slow Meters.13.24.080 Nonregister Meters.13.24.010 Meter Test--Prior to Installation. Prior to installation each meter will be tested and no meter found to register more than two percent fast or slow under conditions of normal operation will be placed in service.13.24.020 Meter Test--By Consumer on Req,uest. A consumer may, by giving not less than one week's notice, request the City to test the J3.24.030 Meter Test--Deposit by Consumer. The City may require the consumer to deposit an amount to cover the reasonable cost of such test, as set forth by resolution of the City Council. The deposit will be returned if the meter is found to register more than two percent fast.3.24.040 Meter Test--In Presence of Consumer. A consumer shall have the right to require the City to conduct the test in his presence or in the presence of his representative, and the consumer will be notified a reasonable time in advance of the time and place ofthe test.J 3.24.050 Meter Test--Written Report Shown to Consumer. A written report giving the results of the test will be shown to the consumer within ten working days after completion of the test.J3.24.060 Adjustment of Bills--Fast Meters. Should a meter be found to be registering more than two percent fast under normal operation, the City will refund the full amount of the overcharge based upon corrected meter readings for a period not exceeding six months in which the meter was ill use.13.24.070 Adiustrnent of Bills--Slow Meters. Should a meter be found to be registering more than two percent slow, the City may bill the consumer for the amount of the undercharge, based upon corrected meter readings for a period not exceeding six months in which the meter was inuse.13.24.080 Nonre!:isterMeters. The City may b:ill the consumer for water consumed while the meter was not registering at the minimum monthly or bi-monthly meter rate, or computed upon an estimate of consumption based either upon the consumer's prior use or upon reasonable comparison with other consumers' use receiving the same class of service under similar circumstances and conditions. Chapter13. 28 DISCONTINUANCE OF SERVICE li.Qm:13.28.010 Refusal by City to Furnish Water--Reasons.13.28. 020 Discontinuance of Service for Health Reasons 13.28.030 l3....2.8 010 Refusal by City to Furnish Water--Reasons. The City may refuse to furnish water and may discontinue service to any premises for any of the following reasons:A. \\There apparatus, appliances or equipment using water is dangerous, unsafe, or not in conformity with any law or ordinance;B. Where the demand is greatly in excess of past average or seasonal use;C. Where such excessive demands by one consumer are or may be detrimental or injurious to other consumers;D. Where excessive demands by one consumer will result in inadequate service to others;E. To protect the City against fraud or abuse;F. \Vhere a consumer fails to comply with any City ordinance or regulation of the Water Department within five days after receiving written notice thereof; and G. Where a consumer fails to comply and such failure to comply affects matters of health and safety, in which case the City may discontinue: water service immediately.u..2l:: 020 Discontinuance of Service for Health ReasQilS A. General. When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing the City water service.B. Basis for Termination.Conditions or water uses that create a basis for water service termination shall include, wt are not limited to, the following items:1. Refusal to install a required backflow prevention device;2. Refusal to test a backflow prevention device;3. Refusal to repair a faulty backflow prevention device;4. Refusal to replace a faulty backflow prevention device;5. Direct or indirect connection between the public water system and a sewer line;6. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;7. Unprotected direct or indirect connection between the public water system and an auxiliary water system; and 8. A situation which presents an immediate health hazard to the public water system.030 Consumer's Request. A consumer may have water service discontinued by notifying the City at least five days in advance of the desired date of discontinmmce.Cha,pter13. 32 FIRE SERVICE 12 Ord. No. Sel<1imls: 13.32.010 Fire Service Furnished When. 13.32.020 Application and Agreement-- Payment.13.32.030 No Charge for Extinguishing Accidental Fires.13.32.040 Violation of Agreement.13.32.050 Ownership of Fire Connection13.32010 Fire Service Furnished When. Fire service connections in 4- to lO-inch sizes will be furnished only if adequate provision is made to prevent the use of water from such services for purposes other than fire extinguishing.13.32.020 Application and A~eement--Pl\Yillent. A. The applicant may be required to sign a special application and agreement form, in which event the same will be furnished upon request.B. Fire Service Connections are to be installed by the applicant to City specifications under City inspection.C. The material used by the applicant for all Fire Service Connection installations shall conform to the "Specifications for Water System Materials" and to the "Water Department Standard Drawings" as approved by the Water Manager.13.32 030 No Charge for Extinguishing Accidental Fires.for water used to extinguish accidental fires or for testing.penmitted.No charge will be made No other usewill be 13.32.040 Violation of Agreement. If water is used from a fire service in vio!lation of the agreement between the applicant atld the City or of this Title, the City may discontinue and removethe service.13.32.050 Ownership of Fire Connectiotl. The fire service connections installed in conformity with this Title including the detector check valve, shall become and remain the property of the City. Title 13.36 REGULATIONS RELATING TO CROSS CONNECTIONSlli1ns:13.36. 010Required.13.36.020 GeneralProvisions.13.36.030 Where Protection isRequired.13.36.040 Type of ProtectionRequired.13.36.050 Protection Against Interstreet Main Flow.13 Ord. No. 13.36.060 Backflow Prevention Devices. 13.36.070 Administrative Procedures. u.l(j.01O Required. All consumers shall comply with the regulations of the California State Department of Health Services pursuant to the State of California Code of Regulations, Title 17, "Regulations Relating to Cross-Connections", and this Title of the Orange Municipal Code.u.l(j..020 General Provisions A. Unprotected cross-connections with the public water supply are prohibited.B. Whenever back flow protection has been found necessary, the City will require the water user to install an approved backflow prevention device by and at his expense for continued services or before a new service will be granted.C. Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, then any and all water supply lines from the City's mains enteling such premises, buildings, or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of this Title.l.1.1fi.030 Where Protection is Required A. Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the City and is approved by the public health agency having jurisdiction.B. Each service connection from the City water system for supplying water to any premises on which any substance is handled in such a fashion as may allow its entry into the water system shall be protected against back flow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality.C. Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross-connections that carmot be permanently corrected and controlled to the satisfaction of the state or local health department and the City, or (b)intricate pJlumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.D. Each service connection from the City water system for supplying water to any premises where the structure served is three (3) or more stories above ground level shall be protected against backflow of the water from the premis($ intothepublic system.l..3.....31> 040 Type of Protection Required. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listing in an increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Backflow Prevention Device ( RP), and an Air-gap separation (AG). The minimum type of backflow protection required to protect the approved water supply at the consumer's water cormection shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the City or health agency. 13.36.050 Protection Against Interstreet Main Flow. Two or more services supplying water from different street mains to the same building, structure or premises, through which an interstreet main flow may occur, shall have an approved backflow protection device on each water service to be located adjacent to and on the property side of the respective meters. 13 36.060 Backflow Prevention Devices. A. Approved Backflow Prevention Devices. 1. Only backflow prevention devices which have been approved by the City shall be acceptable for installation by a water user cormected to the City's water system. 2. The City will provide, upon request, to any affected consumer a list of approved backflow prevention devices. B. Backflow Prevention Device Installation 1. Backflow prevention devices shall be installed in a marmer prescribed in Section 7603, Title 17 of the California Code of Regulations. Location of the devices should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention device. C. Backflow Prevention Device Testing and Maintenance 1. The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who has demonstrated their competency in testing of these devices to the City. Backflow prevention devices must be tested at least armually and immediately after installation, relocation or repair. The City may require a more frequent testing schedule if it is det€:rmined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the City shall be filed with the City each time a device is tested, relocated, or repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water consumer. 2. The City will supply affected consumers with a list of persons acceptable to the City to test backflow prevention devices. The City will notify affected consumers by mail when armual testing of a device is needed and also supply users with the necessary forrns which must be filled out each time a device is tested or repaired. D. Backflow Prevention Device Removal 1. Approval must be obtained from the City before a backflow prevention device is removed, relocated, or replaced. a. Removal: The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the City to t5 Ord. No. 19- verify that a hazard no longer exists or is not likely to be created in the future; b. Relocation: A device may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device; c. Repair: A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the City. A retest will be required following the repair of the device; and d. Replacement: A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the City and must be commensurate with the degree of hazard involved. 11,.16.070 Administrative Procedures. A. Water System Survey. 1. The City shall review all requests for new services to determine if backHow protection is needed. Plans and specifications must be submitted to the City upon request for review of possible cross-connection hazards as a condition of se:rvice for new service connections. If it is determined that a backflow preve:ntion device is necessary to protect the public water system, the required device must be installed before service will be granted.2. The City may require an on-premise inspection to evaluate cross-connection hazards. The City will either verbally or in writing request an inspection appointment to each affected water user. Any consumer which carmot or will not allow an on,premise inspection of their piping system shall be required to install the backflow prevention device the City considers necessary.3. The City may, at it's discretion, require a reinspection for cross-connection hazards of any premise to which it serves water. The City will either verbally or in writing request an inspection appointment to each affected water user. Any consumer which carmot or will not allow an on- premise inspection of their piping system shall be required to install the backflow prevention device the City considers necessary.B. Consumer Notification, Device Installation I. The City will notify the consumer of the survey findings, listing corrective action to be taken if required. A period of 60 days will be given to complete all corrective action required including installation of backHow prevention devices.2. A second notice will be sent to each consumer which does not take the required corrective action prescribed in the first notice within the 60-day period.The second notice will give the consumer a two,week period to take the required corrective action. If no action istaken within the 1:vm- week period the City terminate water service to the affected consumer until the required corrective actions are taken.C. Consumer Notification - Testing and Maintenance 1. The City will notify each affected consumer when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the consumer 30 days to have the device tested and supply the consumer with the necessary form to be completed and resubmitted to the City.2. A second notice shall be sent to each consumer which does not have his backflow prevention device tested as prescribed in the first notice within the 30 day period allowed. The second notice will give the consumer a two week period to have hislher backflow prevention device tested. If no action is taken within the 2 week period the City may terminate water service to the affected consumer until the subject device is tested.Chapter 13. 40 WELLS Ss<.\;~: 13. 40. 010Purpose.13.40. 020Definitions.13.40. 030Prohibited Acts--Permit Required.13. 40.040 Unused Wells--Determination of Non abandonment. 13.40.050 Permits. 13.40.060 Completion ofWork--Notice to Water Manager-- Inspection.13.40.070 Notice upon Determination of Public Nuisance.13.40.080 Immediate Abatement of Public Nuisance.13.40.090 City Council Hearing.13.40.100 Abatement Costs-- SpecialAssessment.13.40.110 Standards for Construction, Reconstruction orDestruction.13.40.120 Private Water Wells-, WaterRates.13.40. 130 Violation--Penalty.13.40010 Pm:pose. It is the purpose of this chapter to control the construction and reconstruction of all existing and future wells, to provide for the destruction of abandoned wells, and to provide for the initiation and completion of corrective measures relative to wells found to be public nuisances, within the corporate limits of the City, to accomplish the following:A. To insure that the quality of the groundwater of the City will not be impaired;B. To insure that the health, safety, and welfare of the citizens ofthe City will not be jeopardized;17 C. To insure that the obligation or capability of the City to produce and distribute water for the use, benefit, and protection ofthe citizens of the City will not be impaired. UAll. 020 Definitions. A. DESTRUCTION of a well means the complete filling and sealing of the well in accordance with the procedures outlined in the standards incorporated into this title. B. PUBLIC NUISANCE, when applied to a well, means any well which threatens to impair the quality of the ground-water or otherwise jeopardize the health or safety of the public.C. WELL means any excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electri<:al grounding wells, test and exploratory holes, observation wells, saltwater barrier wells, and other wells whose regulation is necessary to fulfill the purpose of this title as determined by the Water Manager. Wells shall not include:I. Oil and gas wells, geothermal wells, or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wdls;2. Wells used for the purpose of dewatering excavations during construction,or stabilizing hillsides or earth embankments; or 3. Other wells whose regulation is not necessary to fulfill the purpose of this title as dete:rmined by the Water Manager. A well shall be presumed to be " abandoned"when it has not been used for its intended purpose for a period of one year.11Aj) 030 Prohibited Acts--Permit Req.uired. A. It is unlawful for any person,firm, or private or public corporation or agency to construct or reconstruct any well within the corporate limits of the City unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the Wat,er Manager as provided in this title.B. It is unlawful for the owner or operator of an existing well to allow it to remain in an unused condition except in accordance withSection 13.40.040. An unused well determined to be abandoned shall be destroyed pursuant to and in conformity with the requirements of the City as set forth in thistitle.UAJ:l.040 Unused Wells--Determination of Non abandonment.A. If a well has not been used for any of the purposes set forth in the definition of well" for a period of one year, such well shall be presumed to have been abandoned,and the burden of proof shall thereupon be upon the owner or operator of the well to establish to the satisfaction of the Water Manager that the well has not been abandoned and that the owner and operator intends to continu<: to use the well for the aforementioned purposes. The Water Manager shall require a written declaration under 18 penalty of peIjury concerning intended future use to be filed by the owner or operator of the well if the Water Manager determines that the well has not been abandoned. Application for the renewal of a determination of nonabandonment shall be required to be presented to the Water Manager by the owner or operator at the beginning of each cale:ndar year. Such renewal applications shall be accompanied by a new written declaration filed under penalty of peIjury. Test holes and exploratory holes shall be considered abandoned 24 hours after construction work has been completed unless otherwise approved by the Water Manager. B. In the event the Water Manager determines that a well is abandoned, the well shall! be destroyed within thirty days in accordance with the provisions of this title. However, the owner shall be given written notice of this determination by the Water Manager, which notice shall specify the reasons ti)r this decision and shall notify the owner of his right of request a hearing before the City Council within ten days. 13.40.050 Permits. A. Applications for permits to construct, reconstruct, or destroy any well shall be made to the Water Manager and shall contain or provide such information as he shall require. B. Each application shall be accompanied by a fee which shall be established by resolution of the City Council on the basis of the cost incurred in enforcing the provisions of this title. Fifty percent of the fee shall be returned to the applicant should the permit be denied, or if the permit is canceled within sixty days after issuance and no work has been done. A permit shall remain in effect for one year from the date of Issuance. C. Permits may be issued subject to any condition or requirement found by the Walter Manager to be necessary to accomplish the plllposes of this title. D. A permit may be canceled or the conditions amended by the Water Manager if he determines that to proceed with the work would result in a public nuisance or the pennit holder has violated the terms of the permit or ofthis title. E. In the event that a permit is denied or canceled, the applicant or permit holder shall! be given written notice by the Water Manager, which notice shall specify the reasons for his action, and shall notify the applicant or permit holder of his right to request a hearing before the City Council within ten days. 13.40.060 Completion of Work--Notice to Water Manager-- Inspection. The pennittee shall notify the Water Manager in writing upon completion of the work performed under the permit, and no work shall be deemed to have been completed until such written notification has been received. A final inspection ofthe work shall be made by the Water Manager, and no permittee shall be deemed to have complied with the provisions of this title or his permit until such inspection has been perfOlmed and the work approved by the Water Manager.13.40.070 Notice upon Determination of Public Nuisance. In the event the Water Manager determines that a well constitutes a public nuisance, he shall send written notice to the owner and shall post a copy of the notice on the property. The notice shall 19 Ord. No. state the specific facts relative to the nuisance, the corrective measures deemed necessary, lmd the date on or before which such measures shall be completed and the nuisance abated. The owner shall also be notified of his right to request a hearing before the City Council within thirty days from the date such notice, is issued. UAQ.080 Immediate Abatement of Public Nuisance. If the Water Manager finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, he may abate the nuisance without giving notice. However, within 24 hours after initiating such abatement, the Water Manager shall make reasonable attempts to notify the owner of the time, date, lmd place at which a hearing shall be held by the City Council relating thereto; which date shall be not less than ten nor more than thirty days after the date of such notification. The owner shall also be notified that a special assessment may be imposed upon the property for any costs of abatement. l3.AlJ 090 City Council Hearing. A. At the time fixed for a hearing before the City Council concerning an abandoned well, a permit, or a public nuisance, as provided for in this title, the City Council shall hear and consider all relevant testimony and evidence olIered by the property owner and by any other interested person. B. Ifthe City Council determines that an unused weill was incorrectly classified as abandoned or that a permit was improperly denied or canceled, it shall direct the Water Manager to reclassify the well or to issue or reinstate the permit. C. If the City Council finds that a public nuisance, as determined by the Water Manager, does exist, then it shall direct the Water Manage! to take any necessary action to protect the groundwater or the health and safety of the public unless the situation is corrected by the owner on or before a date to be speci fied by the Council. The cost of such corrective measures by the Water Manager shall become a special assessment upon the property pursuant to Section 13.40.100. D. [n instances where the Water Manager has abated a nuisance under the immediate abatement provision of Section 13.40.080, the City Council shall ascertain and review the pertinent facts concerning the abatement. If the City Council determines that the Water Manager's actions were justified, then it shall direct that the cost of the abatement shall become a special assessment upon the property in accordance with Section 13.40.1 00. lliIO.IOO Abatement Costs--Special Assessment. When the City Council has directed that a public nuisance, under the provisions of this title, shall be or justifiably shall have been abated, all costs of such abatement shall constitute a charge, which, if not paid within sixty days, shall be declared a special assessment upon the parcel of land involved. Such special assessment shall be collected at the same time and in the same marmer as ordinary City taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary City taxes.The City shall retain the additional and independent light to recover its costs by way of civil action against the owner and person in possession or control,. jointly or severally. 20 Ord. No. 13.40.110 Standards for Construction. Reconstruction or Destruction. Standards for the construction; reconstruction or destruction of wells shall be the starldards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II and future amendments thereto. Standards for the construction, reconstruction, or destruction of cathodic protection wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74-1, and future amendments thereto.13.40.120 Private Water Wells--Water Rates. Any owner or operator of a water well who constructs, maintains, or activates a water well for domestic, commercial or industrial use shall pay to the City Water Department in the manGer in which other bills for water service are paid pursuant to Section 13.08.010 et seq., the sum of 3 cents per 100 cubic feet of water produced from the water well, but in no event shall such monthly charge be in excess of $300 monthly. The water rates imposed by this section are for the purpose of defraying, in part, the co Sits to the City in providing water service for use should the water well fail for any reason,become contaminated, should an emergency arise, or for any other reason whereby water may be needed from the City water system for the purpose of serving the property upon which the water well islocated.13.40.130 Violation--Penalty. Any violation or failure to comply with any of the provisions of this title shall render the violator guilty of a misdemeanor and subject the violator to the penalties provided bylaw. Title 13. 44WATERMAINS ti.m:lli:13.44. 010Application,-Filing.13.44.020 Design of Mains--Plan Check Fee.13.44.030 Deedof Easement Required.13.44. 040Installation of Mains.13.44. 050Charges for Mains.13.44.060 Cash or Surety Bond Required.13.44.070 WaterMain Connection Charges.13.44.080 Chargesfor Hot Taps.13.44.090 Extension of Mains to Proposed Development-Refund of Charges.13.44.100 Installation Made by WaterDepartment-- Payment of Cost.13.44. 110 ReplacementofMains,-City Authority.13.44. 120 Replacement ofMains--Consumer's Expense.13. 44.130 False or Fraudulent Statements.13.44.140 Service Costs and Rates Established 010 Application--Filing. It shall be the duty of every person as owner or subdivider of a single lot, subdivision or tract of land desiring water service to such lot,subdivision or tract of land, to file written application therefore with the Water Department.13.44.020 Design of Mains--Plan Check Fee. A. Each applicant for service to more than a single lot, such as for a subdivision, shall furnish to the Water Department copies of the map of the proposed subdivision, or other such development, as approved by the City. The Water Department shall design the required water system with the necessary mains, valves, fire hydrants, etc., indicating sizes and locations. Charges and estimated costs shall be based upon the water system so designed.B. A plan check fee which shall represent the cost to the City for the processing of development plans, including engineering, clerical and administrative personnel utilized to design the required water system and review other required plans or drawings, prepare invoices and otherwise service the development, shall be as set forth by resolution of the City Council. Said fee will be applicable to all developments and shall be invoiced with other appli'~able Water Department charges and payable prior to issuance of building permit or City Council approval of final tractmap.13.44.030 Deed of Easement Required. A. Whenever land is to be developed,any easememts needed for water mains which may be appurtenant thereto or which may be used exclusively thereon shall be deeded to the City in consideration for the City approving imy application for City water to be placed on such development. Said deed to the City shall be executed before any such application shall be approved by the City Council.B. The Water Department, in no instance, shall install or permit to be installed any mains, meters or other facilities off the City property or on property over which the City has no easement.f.040 Installation of Mains. All water mains inside of a subdivision or any other similar development shall be as designed by the Water Department and shall be installed to City specifications, under City inspection, by the developer at his cost. All water main installations shall be performed by a contractor possessing a California Class A license or C-34 specialty license. The material used by the developer for water mains shall conform to the "Specifications for Water System Materials" and to the "Water Department Standard Drawings" as approved by the Water Manager.f.050 Charges for Mains. A. The applicant shall pay to the Water Department, prior to issuance of a building permit, or prior to final map approval in the case of a tract, fees for inspection services related to the installation of water mains and appurtenances, as set forth by resolution of the City Council.B. In case a water main of larger diameter is required, as covered otherwise in this Title, for transmission, the City shall pay for the increased cost of installation by negotiation with the developer or his contractor.22 C. In case a water main serving one side of a street is installed by a developer and it is evident that the same main will eventually serve the other abutting property, a proportional cost shall be negotiated.D. Upon the completion of the installation of any mains or appurtenances, the same shall become and remain the property of the City. Prior to final acceptance of the wat, er mains and appurtenances by the City, the developer shall provide to the City a verified Construction Cost Statement which itemizes the developer's costs for construction of water mains and appurtenances.13. 44.060 Cash or Surety Bond Required. A. Application for water service to any tract or development involving on-site mains shall also require that the developer furnish a cash or surety bond to cover the total estimated cost to the applicant of such maills. B. Such bond shall be furnished prior to final tract map approval in case of tracts and before building permits are issued in all other types of developments. C. Bonds will be released only after all ,-'/ork has been completed and any additional charges, including those for water used prior to occupancy have been paid.D. In case there are unoccupied structures or otherwise inactive meter service accounts on the property and the cash or surety bond is to be released, cash deposits must be made for such individual meter services.E. Suretys on such bonds shall meet Best's Key Rating Guide as required by the City and shall be admitted to conduct business in California.13. 44.070 Water Main Connection Chaq;es. A. Each property requiring water service shall be assessed a water main connection charge based upon the type and acre: age of the property to be served in accordance with fees established by resolution of the City Council.B. Water main connection charges shall be payable prior to final tract approval or prior to issuance of a building permit in the case of service applications not involving approval of a tract map.C. " Acreage" is defined as the area of any lot, parcel, subdivison or other property exclusive of any existing dedicated street rights,of-way. D. Water main connection charges for comlllercial and industrial developments with multi-story structures shall be based upon total building floor area. A multi, story structure is defined as three or more stories above ground level. The total building floor area shall be the gross floor area for all buildings, as shown on the plans submitted to City for approval, measured to the nearest square foot. The water main connection charge under this Section shall be as set forth by resolution of the City Council.E. New developments or other requests for service to properties in east Orange that are also within the boundaries ofthe East Orange Water District or the Irvine Ranch Water District shall also pay directly to those agencies their respective water main connection charges and other applicable fees. Evidence of such payment shall be required prior to final map approval or prior to meter installation for service applications not involving a tract. 23 Ord. No. 13.44.080 Charges for Hot Taps. All hot taps required on existing City mains to provide wat,er service to any lot, parcel or subdivision shall be performed by City crews at the developer's expense in accordance with the fee schedule established by resolution of the City Council. 13.44.090 Extension of Mains to Proposed Development-Refund of Charges. The City may extend existing mains to proposed developments at City expense or may enter into an agreement with the developer or developers for the extension in the same manner as if the mains were inside of a subdivision or similar development. In such case, the developer shall file a statement with the Water Department showing his costs so that, if at a later time connections are made to said mains by persons whose lands abut, then the Water Department shall collect the applicable charge and refund the developers or their heirs or assigns, the applicable charge, but not more than his cost; provided, however,that unless connections are made to the mains and payments therefore are made within ten (10) years after completion of the mains, then the charges shall be collected, but shall not be disbursed to the persons who installed the main, and the payments shall belong to the City.13.44.100 Installation Made by Water Dl4)artment-Payment of Cost. In all cases where an installation is requested of the Water Department Jur any purpose not covered by other provisions of this title or other ordinances, and such request is granted, the cost of such installation by the Water Department shall be paid by theapplicant.13.44.110 Replacement of Mains--City Authority. The City may at any time replace existing water mains with larger mains when either the actual or anticipated development in the area adjacent to or near such mains makes such existing mains inadequate; provided, the persons connected to the old mains which become inadequate because of the increased development shall not be required to contribute to thecost thereof.13.44.120 Replacement of Mains--Consumer's Expense. When the Water Manager determines that it is necessary to replace or relocate water mains located in public stree:t or highway rights-of-way, the City shall reconnect all water services to such mains replaced or relocated at no cost to the property owner; provided, however, when,in the opinion of the Water Manager, water mains located outside of public street or highway rights-of-way are required to be replaced or relocated onto public street or highway rights-of-way, the City shall provide water service of equivalent size off the new water main within the public right-of-way ,md it shall be the consumer's responsibility to connect to the new water main at the expense of the consumer and within One Hundred Twenty (120) days after the completion of the new water main. At the end of the One Hundred Twenty (120) day period, the City shall have the right to disconnect water 13.44.130 False or Fraudulent Statements. ~o person shall make any false or fraudulent application, statement or report to the City under the provisions of this Title. 13.44.140 Service Costs and Rates Established by Resolution. The City Council may establish water service costs and rates, all costs of water mains and the charges to be made therefore, cost of installing water utility lines and all other costs established by this Code under Titles 13.04 through 13.44, by a Resolution of the City Councilor by Ordinance. SE{:TION II. Severability. If any section, subdivision, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that anyone (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SE.CTION III: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with GoveITUllent Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. Adopted this 10th day of September ATTEST:l 1, City Clerk oft e ity of Orange 25 Ord. No. 19,96 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF ORANGE ) I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby Ct~rtify that the foregoing Ordinance was introduced at the regular meeting of the City COllncil held on the27tlXlay of Auqust , 1996, and thereafter at the regular meeting of said City Council duly held on the 10th day of SAp>AmhAn 1996, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON, SLATER COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE DAD:dg sh/ord/96/19- 96wtr 26 Ord. No.